Terms of Use
Updated as of: August 18, 2025
Ambath Services, LLC ("AmBath," "we," "us," or "our")
1) Agreement to the Terms; Incorporation by Reference
These Website Terms of Use (the "Terms") are a legally binding agreement between you and AmBath. They govern your access to and use of any websites we operate that link to these Terms (collectively, the "Site"), along with any related online services, tools, forms, portals, or content we provide through the Site (collectively, the "Online Services"). By accessing or using the Site or Online Services, you accept and agree to be bound by these Terms and our Privacy Policy (as posted on the Site and updated from time to time), which is incorporated by reference.
Contract Integration and Incorporation by Reference. If you enter into or have entered into any written agreement with AmBath—such as a customer agreement, purchase order, work order, quotation, proposal, master services agreement, subcontract agreement, or other contract (collectively, an "Offline Agreement")—then, unless that Offline Agreement expressly says otherwise, these Terms are incorporated by reference into the Offline Agreement as supplemental terms for (i) all interactions with the Site and Online Services, (ii) electronic communications and records, and (iii) additional general terms not otherwise addressed. Order of Precedence. If there is a direct conflict between these Terms and an Offline Agreement signed by both parties, the Offline Agreement controls for the subject matter of that conflict; otherwise these Terms apply in addition.
2) Changes to the Terms
AmBath may update these Terms at any time by posting a revised version on the Site with a new "Effective date." Changes are effective when posted. Your continued use of the Site or Online Services after the revised Terms are posted constitutes your acceptance of the changes. Please review these Terms regularly.
3) Eligibility and Use of the Site
The Site is intended for use by individuals who are at least the age of majority where they reside and by businesses. You represent that you have authority to bind the entity on whose behalf you use the Site. The Site is controlled from the United States and is not intended to subject AmBath to non-U.S. jurisdictions. You are responsible for compliance with all laws that apply to you when you access the Site.
4) Accounts; Security; Electronic Records & Signatures
Registration. Some Online Services may require an account, registration, or submission of information. You agree to provide accurate, current, and complete information and to update it as necessary.
Security. You are responsible for safeguarding your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
Electronic Records and Signatures. You consent to use of electronic records, signatures, disclosures, and communications in connection with the Site and the Online Services (collectively, "E-Communications"). You agree that E-Communications have the same legal effect as paper records and handwritten signatures to the fullest extent permitted by law.
5) Intellectual Property; Limited License; Feedback
The Site, Online Services, and all content, design, text, graphics, logos, icons, images, audio clips, video, software, and other materials (collectively, "Content") are owned by AmBath or its licensors and are protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Content solely for your internal, lawful, non-competitive business purposes related to evaluating, purchasing, or receiving AmBath products and services. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publicly display, publicly perform, download, store, reverse engineer, or create derivative works from the Site or Content.
Trademarks. AMBATH® and associated marks and trade dress are trademarks of AmBath. Other names and logos are the property of their respective owners.
Feedback. If you submit ideas, suggestions, or other feedback regarding the Site, Online Services, or our offerings ("Feedback"), you grant AmBath a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback without restriction or compensation.
6) Acceptable Use
You will not: (a) use the Site or Online Services for any unlawful purpose; (b) interfere with or disrupt the Site or the servers or networks used to make the Site available; (c) attempt to probe, scan, or test the vulnerability of the Site or any related system or network; (d) attempt to harvest or otherwise collect information about other users without their consent; (e) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; (f) upload or transmit any malicious code; (g) misrepresent your identity or affiliation; (h) infringe or violate the rights of AmBath or any third party; or (i) use the Site to develop, provide, or support products or services competitive with those of AmBath.
7) User Content; DMCA Notice
If the Site permits you to submit or upload content, you represent that you have all rights necessary to do so, and you grant AmBath a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display such content solely for the purpose of operating the Site and Online Services. AmBath may remove or disable access to any content in our discretion.
Copyright Infringement/DMCA. If you believe that material on the Site infringes your copyright, please send a notice containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Send notices to the addresses listed above under Address for Notices and Email for Notices & Legal.
8) Third-Party Services and Links
The Site may contain links to or integrations with third-party websites, platforms, tools, or services (collectively, "Third-Party Services"). Third-Party Services are not controlled by AmBath, and we are not responsible for their content, policies, or practices. Links are provided as a convenience only and do not imply endorsement. Your use of Third-Party Services is at your own risk and subject to their terms and policies.
9) Quotes, Orders, E-Commerce, and Promotions
9.1 Quotes (Non-Binding; Estimates Only)
Nature of Quotes. Any budgetary number, estimate, proposal, or quotation issued by AmBath (each, a "Quote") is for informational and planning purposes only and is not an offer and does not create a binding contract. Quotes are based on limited information available at the time (including drawings, unit counts, selections, schedule assumptions, access assumptions, freight estimates, and market pricing) and are subject to site verification, final specifications, final scope of work, material selections and finishes, code/permitting requirements, brand approvals, change orders, supplier availability, lead times, and current market conditions. No work will be scheduled or performed, and no materials will be ordered, until AmBath has accepted a signed, binding Customer Agreement or Purchase Order issued by AmBath (an "Offline Agreement").
Assumptions and Exclusions. Quotes may include assumptions and/or exclusions; any item not expressly included is excluded. Unit pricing in a Quote assumes the production rates, batch sizes, room releases, access conditions, and sequencing stated or reasonably implied in the Quote; deviations may require price adjustments.
Expiration. Unless otherwise stated, Quotes expire after 30 days from issuance and may be withdrawn or updated at any time before acceptance of a binding Offline Agreement.
9.2 Orders and Acceptance; No Reliance on Pre-Contract Communications
Orders placed through the Site or otherwise are offers to purchase that AmBath may accept or reject in its sole discretion. Only AmBath’s written acknowledgment/confirmation or execution of an Offline Agreement constitutes acceptance. You acknowledge that you do not rely on any prior statements, emails, drawings, renderings, samples, or preliminary schedules unless expressly incorporated into the binding Offline Agreement.
9.3 Changes; Change Orders; Hidden Conditions
Changes to scope, selections, drawings, specifications, schedule, logistics, or assumptions (including hidden conditions revealed after demo) are handled via change orders and may affect price and timing. AmBath may refuse out-of-scope items and require appropriately licensed trades to remediate conditions before resuming.
9.4 Pricing; Taxes; Surcharges
Unless expressly stated otherwise, prices are in U.S. dollars and exclude freight, taxes, duties, permits, disposal, lifting equipment, storage, handling, expediting, fuel surcharges, and site services. Buyer is responsible for all applicable taxes and fees.
9.5 Availability; Substitutions
Products may be discontinued or allocation-controlled. AmBath may substitute items of equal or greater quality/performance where a specified item is unavailable or delayed, using commercially reasonable judgment.
9.6 Schedules, Lead Times, and Deadlines (No Guarantees)
Dates communicated in Quotes, emails, order acknowledgments, or on the Site—including delivery windows, mobilization dates, durations, and completion targets—are good-faith estimates only and not guarantees. Many factors, including supplier capacity, manufacturing yields, quality holds, transportation, customs, permitting, weather, labor availability, site access, room releases, inspection scheduling, and force-majeure events, are outside AmBath’s control. AmBath does not guarantee completion of any service, work, delivery, or product by any particular date and disclaims any liability for penalties, chargebacks, brand assessments, liquidated damages, lost revenues, or other consequential amounts tied to schedule non-achievement. AmBath will use commercially reasonable efforts to meet mutually agreed targets and will communicate material changes promptly.
9.7 Shipping; Title; Risk of Loss; Storage
Unless an Offline Agreement provides otherwise, shipments are FOB manufacturer’s factory, freight prepaid; title and risk of loss pass when goods are tendered to the carrier. After delivery to site, Buyer is responsible for secure storage, insurance, and protection from damage, theft, moisture, temperature, UV exposure, and vandalism.
9.8 Cancellations, Returns, and Non-Refundable Custom Goods
Many materials are custom-fabricated to project specifications and are non-cancelable and non-returnable once ordered. If an order is canceled after fabrication has commenced, Buyer is responsible for all incurred costs, including work-in-process, finished goods, freight, storage, and reasonable overhead/handling. Materials which may be returnable must satisfy the specifications of the distributor and/or manufacturer.
9.9 Promotions and Marketing
Promotions, rebates, and incentives (if any) are subject to additional terms and may be modified or terminated at any time. Promotions are void where prohibited.
10) Product Information; Samples; No Professional Advice
AmBath strives to describe products and finishes accurately, but variations may occur (including color/texture variation across production lots, lighting differences, and natural material variability). Samples and digital renderings are for general reference only. Any installation, design, compliance, or other information on the Site is for general informational purposes and is not professional advice. You are responsible for verifying suitability for your particular application and for complying with applicable codes, permits, and brand standards.
11) Brand-Standards and Owner-Specific Requirements
11.1 Responsibility for Brand and Owner Standards
Unless expressly assumed in a signed Offline Agreement, Buyer is solely responsible for providing the current, complete, and applicable Brand Standards and any owner-specific requirements, and for obtaining all necessary brand/owner approvals for design, aesthetics, finishes, and details.
11.2 Reliance; Suitability; Approvals
AmBath relies on Buyer for the accuracy and suitability of Brand Standards, drawings, final specifications and selections. Buyer’s written approval of submittals, samples, shop drawings, mock-ups, and/or room prototypes constitutes acceptance of suitability for Brand and owner requirements. Where a mock-up or model room is used, approval of the mock-up sets the acceptance standard for the production run, subject to normal manufacturing tolerances.
11.3 Changes and Rejections by Brand/Owner
If Brand or owner later changes standards, rejects previously approved items, or requests aesthetic revisions after approvals, such items are treated as change orders (with equitable adjustments to price and schedule). AmBath is not liable for brand penalties, liquidated damages, chargebacks, or loss of use resulting from post-approval changes or rejections.
11.4 Tolerances; Natural Variation; Exact Match Disclaimer
Natural and engineered materials may vary in color, pattern, veining, sheen, and texture. Manufacturing tolerances, field conditions, wall/floor plumbness, and substrate variability may affect fit and reveals. Exact aesthetic matches to samples, renderings, or prior installations are not guaranteed.
11.5 Compliance Scope
AmBath’s brand compliance obligation, if any, is limited to conforming to Buyer-provided and approved standards, final specifications, and selections. AmBath does not independently verify or certify compliance with third-party programs (e.g., sustainability labels, ADA interpretations) unless expressly contracted to do so.
11.6 Brand/Franchise Corporate Terms & Online Policies — Buyer Responsibility; No Monitoring Duty
Buyer acknowledges and agrees that Buyer alone is responsible for confirming that all scopes, selections, materials, services, schedules, procurement methods, and documentation comply with any and all brand/franchise corporate terms and conditions applicable to the Property, including online terms, manuals, guides, owner/vendor portal rules, procurement platform rules, approved-vendor or approved-product lists, franchise agreements, property-improvement plans (PIPs), and brand programs (collectively, “Brand Corporate Terms”). AmBath does not undertake any duty to review, monitor, track changes to, or ensure compliance with Brand Corporate Terms unless expressly assumed in a signed Offline Agreement. Buyer will promptly provide AmBath with the current, controlling Brand Corporate Terms relevant to the project.
11.7 Approved Vendor Status; Procurement Platforms; Indemnity
Unless expressly stated in writing by AmBath, AmBath does not represent that it is an approved vendor of any brand. The absence of approved-vendor status does not render materials or services non-conforming. If a brand requires use of specific procurement platforms, aggregators, or third-party suppliers, Buyer is responsible for establishing and maintaining those accounts and relationships and for any fees, pass-throughs, or delays they introduce. Buyer shall defend, indemnify, and hold harmless AmBath from and against brand assessments, penalties, rework, or other losses arising from Buyer’s failure to secure required brand approvals, to comply with Brand Corporate Terms, or from post-approval brand changes, except to the extent caused solely by AmBath’s failure to follow Buyer-approved submittals.
11.8 Affirmative Acknowledgment of Suitability Review
By submitting selections, approving submittals or mock-ups, or executing an Offline Agreement, Buyer affirms that Buyer has reviewed all applicable Brand Corporate Terms (including any online terms and portal rules) and confirms that the approved scopes, selections, and details are suitable and compliant for Buyer’s brand and franchise obligations.
12) Warranties; Product Warranties; Workmanship Warranty; Disclaimer
12.1 Website/Online Services (AS IS)
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ONLINE SERVICES, AND ALL ONLINE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AmBath does not warrant that the Site will be error-free, uninterrupted, secure, or virus-free.
12.2 Product (Manufacturer) Warranties — Pass-Through Only
Materials supplied by AmBath are covered exclusively by the original manufacturers’ warranties, if any. AmBath does not expand, adopt, or become responsible for any manufacturer warranty obligations beyond pass-through. All claims under manufacturer warranties must be made in accordance with the manufacturer’s procedures and are subject to their terms, limitations, and exclusions. Remedies under manufacturer warranties may include repair, replacement, or credit, at the manufacturer’s option. Color, shade, and texture variation; normal wear; field conditions; improper maintenance; chemical damage; and misuse are typically excluded by manufacturers. Removal and re-installation labor, freight, travel, access (e.g., lifts), protection, and ancillary materials required to perform manufacturer warranty work are not included unless expressly stated by the manufacturer or a signed Offline Agreement; such costs are Buyer’s responsibility.
12.3 Workmanship Warranty — Scope and Limits
AmBath warrants its installation workmanship (labor only) to be free from material defects for one (1) year from substantial completion of the specific area of work (the "Workmanship Warranty Period"). During that period, AmBath will, at its option, repair or re-perform only the defective portion of its installation work. This Workmanship Warranty does not cover: (a) Materials (which are governed by manufacturer warranties per §12.2); (b) damage due to misuse, neglect, accidents, vandalism, theft, normal wear, or failure to follow care/maintenance instructions; (c) chemical, abrasive, or pressure-washing damage; (d) building movement, settlement, moisture intrusion, vapor drive, differential thermal expansion, or substrate failure; (e) mold/mildew growth; (f) deviations inherent to field conditions or manufacturing tolerances; (g) work altered, repaired, or moved by others; (h) consumables (e.g., caulk, grout, sealants) and routine maintenance; or (i) conditions disclosed in assumptions/exclusions or arising from hidden conditions.
Exclusive Remedy for Workmanship. Buyer’s sole and exclusive remedy for breach of the Workmanship Warranty is repair or re-performance of the defective labor, or, at AmBath’s option, a refund of the amounts paid for the specific defective labor. No refunds are due for unaffected areas.
12.4 Suitability; Brand Standards; No Professional Advice
Except as expressly set forth in a signed Offline Agreement, AmBath makes no warranty of fitness for a particular purpose, suitability for Brand Standards, or compliance with owner/brand aesthetic preferences. Any design, layout, or selection information provided by AmBath is general information only; Buyer is responsible for verifying suitability and obtaining approvals per §11.
12.5 Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN §§12.2–12.3 OR IN A SIGNED OFFLINE AGREEMENT, AMBATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.6 Claims Procedure; Notice; Inspection
Claims under §§12.2–12.3 must be submitted in writing with reasonable detail and supporting documentation within thirty (30) days after discovery and within the applicable warranty period. Buyer will provide access for inspection and remediation during normal hours. Failure to provide timely notice may bar the claim to the extent AmBath is prejudiced.
12.7 Third-Party Services; Subcontractors; No Verification or Guarantees
Third-Party Services. AmBath makes no warranties regarding Third-Party Services linked or referenced on the Site; such services are provided by third parties under their own terms, policies, and privacy practices, which govern your relationship with them.
Subcontractors Used by AmBath. AmBath may, in its sole discretion, engage subcontractors or independent contractors to perform some or all labor or services. Subcontractors are independent contractors, not employees, partners, agents, or joint venturers of AmBath.
No Privity; No Third-Party Beneficiaries. Your access to the Site does not create privity of contract between you and any subcontractor engaged by AmBath, and no third-party beneficiary rights are created in your favor with respect to any subcontract between AmBath and its subcontractors. If you choose to engage with or retain a subcontractor directly (outside a signed Offline Agreement with AmBath), you do so at your own risk, and AmBath has no responsibility or liability for such engagement or for any acts or omissions of that subcontractor.
Allocation of Responsibility. Any responsibility AmBath may assume for the acts or omissions of its subcontractors exists only to the extent expressly set forth in a signed Offline Agreement with AmBath (and then only to the extent not disclaimed or limited therein). Otherwise, and to the maximum extent permitted by law, AmBath disclaims liability for and is not responsible for any bodily injury, property damage, delay, non-performance, non-compliance, or violations of law caused in whole or in part by any subcontractor or its personnel.
13) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMBATH OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, ONLINE SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, AMBATH IS FOUND LIABLE FOR DAMAGES, THEN—WITH RESPECT TO CLAIMS ARISING FROM OR RELATED TO THE SITE OR ONLINE SERVICES—AMBATH’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
14) Indemnification
You will defend, indemnify, and hold harmless AmBath and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or Online Services, your violation of these Terms, or your violation of any rights of another.
15) Communications; Calls and Texts; Opt-Out
By providing a phone number or email through the Site, you consent to receive communications (including autodialed, prerecorded, or marketing calls and texts) from AmBath and its service providers regarding your inquiries, projects, orders, or our products and services. Message and data rates may apply. You may opt out of marketing texts and emails at any time by following the appropriate steps. Opt-out does not apply to transactional or service messages (e.g., order status, appointment reminders).
16) Privacy
Please review our Privacy Policy for information about how we collect, use, and disclose information. The Privacy Policy is incorporated into these Terms by reference.
17) Accessibility
AmBath is committed to providing a Site that is accessible to the widest possible audience. If you experience difficulty accessing content, please contact us at the emails listed above so we can assist you.
18) Export, Sanctions, and Anti-Corruption Compliance
You agree to comply with all applicable export control, sanctions, and anti-corruption laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. embargoes, and that you are not a prohibited party under applicable sanctions laws.
19) Governing Law; Venue; Jury Waiver; Time to Bring Claims; Prevailing-Party Fees; Class Action Waiver
These Terms and any dispute or claim arising out of or relating to the Site, Online Services, or these Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law principles. Exclusive venue lies in the state courts located in St. Louis County, Missouri (and, where permissible, the U.S. District Court for the Eastern District of Missouri). You and AmBath consent to the personal jurisdiction of those courts and waive any objection to venue or forum.
20) Suspension and Termination
AmBath may suspend or terminate your access to the Site or Online Services at any time, with or without notice, if we believe you have violated these Terms or for any other reason in our discretion. Upon termination, all rights and licenses granted to you under these Terms terminate immediately.
21) Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. AmBath may assign these Terms without restriction. Any permitted successor is bound by these Terms.
22) Force Majeure
AmBath will not be liable for any delay or failure of performance resulting from causes within and beyond our reasonable control, including but not limited to acts of God, labor disputes, supply chain interruptions, epidemics, pandemics, governmental actions, utility or communications failures, force-majeure events.
23) Severability; No Waiver; Survival; Entire Agreement; No Oral Modifications; Counterparts/E-Sign
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right is not a waiver of such right.
Survival. Provisions that by their nature should survive termination (including Sections 5, 7–15, and 18–23) survive.
Entire Agreement. These Terms (including documents incorporated by reference) constitute the entire agreement between you and AmBath regarding the Site and Online Services and supersede prior or contemporaneous agreements on that subject.
No Oral Modifications. These Terms may not be amended, terminated, or waived orally. Amendments to these Terms are effective only when posted by AmBath with a new Effective Date or when set forth in a written instrument signed by AmBath. With respect to any Offline Agreement, no amendment or waiver is effective unless in a written instrument executed by all parties to that Offline Agreement.
Counterparts; Electronic Execution. To the extent an Offline Agreement or any acknowledgment related to these Terms requires signatures, the parties agree that such documents may be executed in counterparts and by electronic signatures and electronic delivery, each of which shall be deemed an original and effective to bind the signing party.
Assignment. Assignment restrictions are set forth in §21; for avoidance of doubt, you may not assign your rights or obligations under these Terms without AmBath’s prior written consent.
24) Contact Us
For questions about these Terms or the Site, please contact AmBath at the address or emails listed below.
Address: 13422 Clayton Rd, Ste. 201, St. Louis, MO 63131
Contact: info@ambath.com
© Ambath Services, LLC. All rights reserved.